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Active: 5074 users

mOOnGLaDe joins Team Invidia - Page 9

Forum Index > SC2 General
Post a Reply
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VB_WhiplashJC
Profile Joined February 2011
Australia64 Posts
March 09 2012 09:13 GMT
#161
I'm not a lawyer, but I'm pretty sure I've read about cases where the fact that consumers were confused by the name was used as an argument that there is an infringement.

This thread (and the sc2sea one) shows pretty clearly that both Invidea and Nvidea's target audience do confuse the two.
Gentlemen prefer higher derivatives.
AusBox
Profile Joined January 2011
Australia214 Posts
March 09 2012 09:27 GMT
#162
Those of you asking where moonglade has been, he recently won ACL Gold Coast, and will hopefully be at ACL Sydney on April 21-22. ACL site: www.aclpro.com.au
Nihilnovi
Profile Joined May 2010
Sweden696 Posts
March 09 2012 09:29 GMT
#163
Is this affiliated with nvidia / is it their team? That seems kind of huge if they are sponsoring a team now
ions
Profile Joined July 2011
Australia3 Posts
Last Edited: 2012-03-09 09:36:44
March 09 2012 09:36 GMT
#164
wow, good to finally see a pro Australian team. Hope you all do well at MLG!
Belisarius
Profile Joined November 2010
Australia6233 Posts
Last Edited: 2012-03-09 09:58:09
March 09 2012 09:50 GMT
#165
On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?

If anything, our name implies association to vehicle customisation, not graphics processors.

Please understand the origin of the word before claiming "copyright infringement."


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?
fnaticNoname
Profile Joined January 2008
India858 Posts
March 09 2012 10:03 GMT
#166
Really good lineup, keep fighting DoX!
IceSlipper
Profile Blog Joined June 2011
Australia1028 Posts
March 09 2012 10:05 GMT
#167
On March 09 2012 18:50 Belisarius wrote:
Show nested quote +
On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?

If anything, our name implies association to vehicle customisation, not graphics processors.

Please understand the origin of the word before claiming "copyright infringement."


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?


Pretty much agree with this.. Its all good and well to point fingers at other companys/organizations with similar/the same name, but nvidia is directly related to the industry you are in..

Its the equivilant of a racing team calling themselves 'Team Firrari' without ferrari's permission and not using ferrari cars, saying its unrelated or doesn't make a difference..
The_Dark
Profile Joined October 2010
South Africa222 Posts
March 09 2012 10:22 GMT
#168
Pender and Pinder
BBQSAC
Profile Joined August 2011
Australia89 Posts
March 09 2012 10:38 GMT
#169
On March 09 2012 17:03 SwitchAUS wrote:
Girt by sea, bitches :D


Awesome quote lol

Also nice to see KawaiiRice's comment about SEA players being under-rated. Warm fuzzy feeling from having other good foreigners notice the happenings of SEA server
Pie Jesu Domine, dona eis requiem.
AssyrianKing
Profile Blog Joined August 2011
Australia2117 Posts
March 09 2012 10:42 GMT
#170
COMEON AUZZIE!!!!
John 15:13
Scarecrow
Profile Blog Joined July 2009
Korea (South)9175 Posts
Last Edited: 2012-03-09 10:48:38
March 09 2012 10:48 GMT
#171
On March 09 2012 18:29 Nihilnovi wrote:
Is this affiliated with nvidia / is it their team? That seems kind of huge if they are sponsoring a team now

This is the main problem with the name imo (not copyright). It just creates confusion and 99% of people will assume it's associated with Nvidia. Most of your fans aren't going to be latin majors.
Yhamm is the god of predictions
TiraMissU
Profile Joined October 2011
Australia5 Posts
March 09 2012 11:00 GMT
#172
Since everyone seems to disagree with the name due to confusion, why not re-work it into another name that still meets the team's desire :D

Why not use something like Envasion or E/Invysion? It can still keep the Nv name tag which i think is cool imo :3
HuggyBear
Profile Joined November 2010
Australia377 Posts
March 09 2012 11:04 GMT
#173
You could always ask Nvidia if they're willing to sponsor ;D
"Sleeping with SeLeCT is Standard. Once you've slept with Day9 everything else is just ..." - CatZ
Dattish
Profile Blog Joined January 2011
Sweden6297 Posts
March 09 2012 12:47 GMT
#174
--- Nuked ---
PooNinja
Profile Joined November 2010
Australia46 Posts
Last Edited: 2012-03-09 16:09:52
March 09 2012 16:06 GMT
#175
On March 09 2012 18:50 Belisarius wrote:
Show nested quote +
On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?

If anything, our name implies association to vehicle customisation, not graphics processors.

Please understand the origin of the word before claiming "copyright infringement."


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?

Well said!

No disrespect intended to your new team (fan of Glade here), but I'm finding it kind of hard to take you seriously Dox, when you shrug off so nonchalantly these important and valid issues that people are raising. Do you really think a judge is going to find statements like these:
On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?
If anything, our name implies association to vehicle customisation, not graphics processors.
Please understand the origin of the word before claiming "copyright infringement."

and this:
On March 08 2012 23:31 Dox wrote:
Show nested quote +
On March 08 2012 23:20 Desti wrote:
I'm wondering, if this team name could cause some legal trouble if they want to participate in tournaments sponsored by NVIDIA.


btw. GL HF mOOnGLaDe

I hope you realise the word "Invidia" has been around a loooooooot longer than the company "Nvidia."

as compelling defences against litigation brought against you?

Did you really not seek legal advice before entering into this setup? If not, that concerns me, because it conveys to me that the team isn't being set up and managed in a professional manner.
MassHysteria
Profile Joined October 2010
United States3678 Posts
March 09 2012 17:50 GMT
#176
On March 09 2012 18:50 Belisarius wrote:
Show nested quote +
On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?

If anything, our name implies association to vehicle customisation, not graphics processors.

Please understand the origin of the word before claiming "copyright infringement."


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?


Was going to make a similar post until I read this one that sums up what I think.
"Just ban all the J's...even jinklejoes" --unnamed source
Dox
Profile Blog Joined April 2010
Australia1199 Posts
March 09 2012 23:35 GMT
#177
On March 10 2012 01:06 PooNinja wrote:
Show nested quote +
On March 09 2012 18:50 Belisarius wrote:
On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?

If anything, our name implies association to vehicle customisation, not graphics processors.

Please understand the origin of the word before claiming "copyright infringement."


That's silly. You're a team of people who play computer games. Your name is phonetically identical to the name of a company that is heavily invested in the computer games industry. Most of your viewers will come in contact with your team through computer game related media, and will make the connection straight away. Any number of posts in this thread prove that.

You're not going to make that go away by pointing at the auto company and smirking. That's completely irrelevant. It's not even about copyright, it's about the immediate reactions of the people who see your clan name, and the fact that there's no way in the world another gaming company will sponsor you when you're representing Nvidia for free and without their permission at the same time.

Just save yourselves the pain and change it. You're adamant that most people call you "Envy" anyway, so why not make that official?

Well said!

No disrespect intended to your new team (fan of Glade here), but I'm finding it kind of hard to take you seriously Dox, when you shrug off so nonchalantly these important and valid issues that people are raising. Do you really think a judge is going to find statements like these:
Show nested quote +
On March 09 2012 17:14 Dox wrote:
Should this organisation also change their name?
If anything, our name implies association to vehicle customisation, not graphics processors.
Please understand the origin of the word before claiming "copyright infringement."

and this:
Show nested quote +
On March 08 2012 23:31 Dox wrote:
On March 08 2012 23:20 Desti wrote:
I'm wondering, if this team name could cause some legal trouble if they want to participate in tournaments sponsored by NVIDIA.


btw. GL HF mOOnGLaDe

I hope you realise the word "Invidia" has been around a loooooooot longer than the company "Nvidia."

as compelling defences against litigation brought against you?

Did you really not seek legal advice before entering into this setup? If not, that concerns me, because it conveys to me that the team isn't being set up and managed in a professional manner.

For the record, Nvidia is fine with it. And no, I absolutely did not seek legal advice. I'm shrugging these "issues" off nonchalantly because they're not really issues at all.
@NvDox | Plantronics Nv: Rossi . mOOnGLaDe . deth . JazBas | @NvSC2 | @NvCoD | @NvLeague | @NvHearthstone | @NvDotA2 | @PLT_MF
ChadMann
Profile Joined March 2011
Australia128 Posts
March 12 2012 09:24 GMT
#178
On March 09 2012 17:58 PooNinja wrote:


A chapter out of a book by one of Australia's best IP lawyers, SC Shane Simpson:
http://www.simpsons.com.au/wp-content/uploads/music_business_3_chapter_011.pdf

Before you say, "wait that book is about the music industry", just read the first 3 pages, and ignore anything that specifically relates to music. It applies to any branding, so just extract the key statements from it.

Here are some particularly interesting parts:

"Don’t assume that you don’t have a problem just because the other user of the name is in a different business or in another geographical area. They may well have the right to stop you from using the name."

"If your searches reveal that someone else is using a name identical or even similar to the one you want to use, be careful! Don’t assume that ‘things will be all right’."

"In the general law, there is an action called ‘passing off ’, which prohibits any party from misrepresenting itself (or its goods or services) as though it was another. In other words, it prohibits the false appropriation of the other’s reputation."


Trade Practices Act s53 regarding false representations:
http://www.austlii.edu.au/au/legis/cth/num_act/tpa1974149/s53.html


Why are you quoting the Trade Practices Act?.. LOL - Misrepresentation is about, saying a product will do X but it doesn't. Not, making a product look like another to trick you into associating the other brands reputation with the new product. Anyway, that is quite common in business. Look at how copycat brands align themselves with the industry leader next time your at the supermarket.

For the record - I Study Marketing and Business Law (about 6 weeks from Graduation).

There is ZERO copyright infringement involved in the team name.
While it can be presumed that ATi aren't going to sponsor this team any time soon - the word being used here is Invidia - Latin for Envy... and the team abbreviation is Nv... not Nvidia - additionally the teams colours (Red and Gold) are not similar to Nvidia (Black and Green) so there is zero visual similarities.

The fact that you guys are all thinking of Nvidia proves how successful their marketing brainwash has been

Perhaps you're all just envious of the awesome team Dox has put together?!

Team Nvidia is going to take the world by storm!
Good luck guys! >.<
#1 ANZ SC2 Team Manager https://twitter.com/ChadMannSC2
MaestroSC
Profile Blog Joined August 2009
United States2073 Posts
March 12 2012 09:31 GMT
#179
"Team nvidia!" is going to be on a sign somewhere...and that person will be cheering solely for a graphics card unknowingly...

I don't see how nobody thought this was a bad idea...

Good Luck nonetheless!
idonthinksobro
Profile Joined December 2010
3138 Posts
March 12 2012 09:41 GMT
#180
at first i thought that team was sponsered by the videocard manufacturer

seems an odd name choice
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